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Family Law

The leading authority on all aspects of family law

10 NOV 2008

The Family Proceedings Fees (Amendment) Order 2008

10/11/2008 - This Order amends the Family Proceedings Fees Order 2008 to take account of the coming into force of sections 1 to 5 and 8 of the Children and Adoption Act 2006, the Forced Marriage (Civil Protection) Act 2007 and the Welfare Reform Act 2007. The 2006 Act inserts new provisions into the Children Act 1989, and this Order makes provision for those applications by inserting new fees into fee 2.1. The Forced Marriage (Civil Protection) Act 2007 inserts a new application into the Family Law Act 1996, which is provided for by an amendment to fee 1.3. The Welfare Reform Act 2007 introduces a new benefit, income-related employment and support allowance. This Order inserts the benefit into the list of qualifying benefits in Schedule 2 (which deals with fee remission).

In addition, this Order:

  • (a) amends fee 1.2 to make clear that the fee applies to petitions for declarations of parentage, divorce and dissolution of civil partnership;
  • (b) makes provision for the new form C100 to be used in applications under the section 8 of the Children Act 1989 without incurring any additional fee and includes the new form C78 in the list of forms to which fee 2.1 applies;
  • (c) amends the notes to fee 2.1 and fee 2.2 to make clear that only one fee is payable when any of the forms referred to in the description of the fee are filed together;
  • (d) amends the notes to fee 2.1 and fee 2.2 and the notes to fees 3.1, 3.2 and 3.3 to make clear that only one fee is payable when two or more children, who are siblings or children of the family, are the subjects of an application even though two or more application forms are filed;
  • (e) creates new fees 11.4(b) and 13.3(b) so that fees are charged in respect of each charging order, or charging order nisi, applied for; and
  • (f) amends the definition of "party" in Schedule 2, so that it refers to "individual" rather than "party", in order that fee remissions do not apply to companies, partnerships or charities.
This Order shall come into force on 26 November 2008, except for article 5 which shall come into force on 8 December 2008.

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